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2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: My BF got arrested on a friday at 4am. they set his bond to 4000$ Can i bond out on a sunday or have wait to monday

My boyfriend was arrested at 4am for a grand larceny 200$ or more. And destruction of private property <1000. His bond was immediatly set too 4000$. Would he be able to get out on the weekend or have to wait till a weekday to get bonded out?

Steve Miyares
Steve Miyares
answered on Feb 8, 2018

You should soeak to a bail bondsman. Most are available 24 hours a day and can arrange for your boyfriend’s release if the magistrate has set a bond. If the magistrate denied bond, then your boyfriend would need to request a bond hearing be scheduled in court.

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2 Answers | Asked in Criminal Law, Civil Rights, Collections and Legal Malpractice for Virginia on
Q: can a public defender charge any type of fee to the defendant

I did not request any council; Essex County, VA chose to assign me a public defender and said I had to have one. I complied being foreign to the county and just wanting to get through the arraignment without any issues. I finished up with no issues or charges to remain on my record after completing... View More

Steve Miyares
Steve Miyares
answered on Feb 8, 2018

The costs of court appointed attorneys and public defenders are charged to you by the court as part of your court costs. The Commonwealth of Virginia has predetermined fees based on the number and type of charges you are facing. The Clerk of Court will be able to tell you exactly what the fees... View More

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3 Answers | Asked in DUI / DWI for Virginia on
Q: DUI 4th offense in 10 years Caroline County, VA

I have been charged with a felony DUI 4th offense in 10 years. I have no felonies on my record as my other DUI's are DUI 1st and two DUI 2nd offenses. I have a pre-liminary hearing this Friday if the officer does not show up for the hearing can the case be dismissed?

Steve Miyares
Steve Miyares
answered on Feb 8, 2018

It is unlikely to be dismissed. Most likely the Court would grant a continnuance to the prosecutor in order to get the prosecutor to court. But even if the Court were to dismiss the charge, you are not in the clear. Because it is only a preliminary hearing (not a trial) even if the charge gets... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I’m pressing DV charges & 2 year PO on my daughter father. What happens if he doesn’t show?
Steve Miyares
Steve Miyares
answered on Feb 8, 2018

If he has been served and fails to appear for his trial on criminal charges, then an arrest warrant wouldne issued for him. His failure to appear in court would also be an new separate criminal charge against him.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: 23 year old, no priors, +5 driving record/licensed at 17. reckless driving 89/60. Plead not guilty or no contest?

It was on the highway at midnight. No traffic. Clear weather. I plan on using a court appointed attorney as i can’t afford a private attorney

Steve Miyares
Steve Miyares
answered on Feb 8, 2018

Whether court appointed or privately retained by you, you should definitely get an attorney to represent you. Reckless driving is a Class 1 misdemeanor in Virginia, meaning it is punishable by up to 12 months in jail and uo to a $2500 fine. There are many judges in Virginia who would likely give... View More

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1 Answer | Asked in DUI / DWI for Virginia on
Q: Charged with DWI in 96 didn't go to court can I get a driver's license
Steve Miyares
Steve Miyares
answered on Dec 19, 2017

That depends on the status of your DUI case. The fact that you didn’t go to court mare made you a fugitive, and being a fugitive tolls the statute of limitations and could also have led to an additional charge of failure to appear. If a fugitive warrant was issued against you then it might... View More

1 Answer | Asked in DUI / DWI for Virginia on
Q: I'm on a low dose of tramadol and it doesn't to impair my abilities, but I've heard Virginia has a no tolerance policy

i havent drove sinve ive been on it and its really frustrating so I was wondering I'd it illegal if I have it in my system even at a low dose.

Steve Miyares
Steve Miyares
answered on Dec 19, 2017

The issue would be whether or not you are impaired while driving. For alcohol and certain other drugs, Virginia has certain specific level in your body at which you are presumed to be impaired (for example, 0.08 or higher blood alcohol). However, a person can still be convicted of DUI with a... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Virginia Charge:VIOLENT FELON POSS/TRAN WEAPON Code Section:18.2-308.2 Charge Type:Felony Class:6

Will this defendant be required to go to prison? How can a lawyer help?

Steve Miyares
Steve Miyares
answered on Dec 19, 2017

If found guilty of this charge and have a previous violent felony conviction, then the defendant is facing a five year mandatory prison sentence. I would strongly recommend this defendant get an experienced defense attorney to represent them and examine all possible defenses that might avoid him... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Virginia on
Q: If a minor is taken into custody is the arresting officer required to read him his Miranda rights
Steve Miyares
Steve Miyares
answered on Dec 13, 2017

While most police officers will read a person their Miranda rights as soon as they are being arrested, this is not required. The Miranda warnings apply to situations where the person is in police custody and is being questioned by police. So the police are not required to give Miranda warnings... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Detainer for out of state probation violation. Was released after 8 month sentence out 3 weeks and arrested

My husband is being held with detainer out if Virginia for probation violation. My question is they released him after serving is sentence in NC. They dismissed the fugitive warrant they had on him. How can they reissue detainer and hold him now for Virginia. After they said to release him. He went... View More

Steve Miyares
Steve Miyares
answered on Dec 13, 2017

From your question it sounds like the previous detainer was dismissed because he was serving an active sentence in North Carolina and Virginia was simply waiting for him to complete that sentence before trying to extradite him. If so, then the probation violation from Virginia has never been... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: If I woman got me drunk to the point of passing out, and had sex with me without my consent. What do I do?

There is also a possibility she passed an STD to me and now to my wife. She said she was "clean" but my wife is not having symptoms.

Steve Miyares
Steve Miyares
answered on Dec 13, 2017

If you did not consent to sexual activity then a crime could have been committed against you. You should speak to your local police department to report any such crime.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can going into the armed forces get you out of a low class felony charge

I have a threatening to bomb or burn down a house my sister doesn't wish to see me do jail time which is the owner of the house her dad's girlfriend wrote a statement to the police it is her word against mine i was asleep when the cops arrested me and the cops kinda talked her into it I... View More

Steve Miyares
Steve Miyares
answered on Dec 13, 2017

You should consult an experienced criminal defense attorney in your local jurisdiction. You should also speak to your local military recruiters. Joining the military will not make a criminal charge go away, especially if it is a felony. Also, the military might not be willing to accept you with... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Is it legal to view child pornography after the child turns 18?

What I'm asking is if it's legal to view someone who is younger than 18, when they turn 18 is it legal to view pictures of them when they were younger?

Steve Miyares
Steve Miyares
answered on Oct 16, 2017

No, it is not legal.

3 Answers | Asked in Criminal Law, Family Law and Child Custody for Virginia on
Q: I took pictures of my boyfriend's daughter. He gave me permission and it was on his time. Can his ex press charges.

My boyfriend and his daughter went to the creek a few days ago with my family and I took a few pictures of everyone. I had my boyfriends permission to take the pictures and put them on my Photography page. Which my Photography page is a hobby. I did not advertise his daughter in any way and there... View More

Steve Miyares
Steve Miyares
answered on Oct 16, 2017

I would say no, there are not any criminal charges that could be brought against you. There was no expectation of privacy because the pictures were taken outside in public. You had the permission of the minor child's parent to take the pictures. There is nothing illegal about what you did.... View More

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1 Answer | Asked in Divorce for Virginia on
Q: Can my ex have my alimony remove if I live with my boyfriend for more than a year? I live in Virginia.

We have been divorced for 6 years and according to the court, I am entitled to receive alimony for another 3 years. He explained that me living with my boyfriend for more than a year and receiving his alimony is against the law, is that true?

Steve Miyares
Steve Miyares
answered on Jul 11, 2017

Your ex-husband is likely correct. Under Virginia Code 20-109, unless the issue of remarriage/cohabitation was specifically addressed in your separation agreement, spousal support shall terminate upon remarriage or cohabitation by the spouse receiving the support. In other words, unless your... View More

1 Answer | Asked in Divorce and Real Estate Law for Virginia on
Q: I need to know what paperwork to ask for from the clerk and which branch of the court I need to file with

In my desperation agreement my ex wife had 3 years to remove my name from the mortgage ( I'm on the mortgage but not the deed). Being times are tough for everyone I didn't make a fuss. It's been 7 years now we are both remarried and I'm ready to buy a home again. I just want my... View More

Steve Miyares
Steve Miyares
answered on Jul 11, 2017

It appears your situation is much more complex than simply filling out a form (which the court would not have anyway). You should not try to handle this on your own without an attorney. You should consult with an attorney to discuss the specifics of your particular situation and what remedies... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Afterbeingawarded sole legal/sole physical custody ofchildren, does non cohabitation clause from sep agree.still apply
Steve Miyares
Steve Miyares
answered on Jul 11, 2017

Your question can't be answered without knowing more specifics about your case and exactly what the court order says. This question should be directed to your attorney who handled your case. If you did not have an attorney, then you should consult with an attorney to discuss your particular... View More

1 Answer | Asked in Divorce for Virginia on
Q: fastest and easiest way to divorce my husband?

My husband walked out on me 28 years ago and is currently in prison. I have tried to divorce him many times but he refuses to sign any paperwork because he wants it to cost me a lot of money. I have gone as far as drawing up divorce papers at his request and sent them to him with a self addressed... View More

Steve Miyares
Steve Miyares
answered on Jul 11, 2017

If your husband has been convicted of a felony, you may be able to get a fault based divorce even though he does not agree. or you might have other options as well. However, it all depends on the specific facts and circumstances of your case. You should consult with an attorney to discuss the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: What is the penalty of not being able to supply "burdon of proof"?
Steve Miyares
Steve Miyares
answered on Jul 11, 2017

Your question is not clear. The burden of proof is the standard that the judge or jury will use to decide your case. The burden of proof varies depending on the type of case. If a party fails to meet its burden of proof at a trial, then that party will lose the case. Other than losing the case,... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: An accuser filed a police report that was lost. 2 wks later they had to interview the accuse again.

How can you know if there are discrepancies in the reports or story of the accuser

Steve Miyares
Steve Miyares
answered on Jul 11, 2017

Obviously, without the original report, there is no way to compare and know if there are discrepancies. That is the type of issue your attorney can address in your specific case in trying to challenge the weight of the evidence that will be presented at trail. You should discuss the specifics of... View More

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